Troskie v Von Holdt and Others (2704/2012) [2013] ZAECGHC 31 (11 April 2013)

Troskie v Von Holdt and Others (2704/2012) [2013] ZAECGHC 31 (11 April 2013)

The court held that the plaintiff's particulars of claim are not vague and embarrassing. The constitutional challenge to the National Credit Act is pleaded with sufficient clarity to enable the sixth defendant to understand the case it must meet. The alleged lack of particularity regarding the right to equality and deprivation of property does not render the pleading vague, as the issues are adequately identified and can be clarified by trial particulars. The amendment to the prayer for relief cures any overbreadth, and the Opperman judgment does not dispose of all constitutional issues raised, as other provisions of the NCA remain relevant. The exception is dismissed, and costs are...

Citation
[2013] ZAECGHC 31
Parties
Plaintiff: Christiaan Trushcky Troskie; Defendant: Robert Anthony Von Holdt; Defendant: Andrea Louise Von Holdt; Defendant: Robert Anthony Von Holdt N.O.; Defendant: Andrea Louise Von Holdt N.O.; Defendant: Elizabeth Flora Alice Von Holdt N.O.; Respondent: National Credit Regulator; Defendant: Minister of Trade and Industry of the Republic of South Africa
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
11 April 2013
Case Number
2704/2012
Procedural Posture
Exception Application / Exception to Particulars of Claim Heard and Determined
Outcome
Exception dismissed with costs, including costs of two counsel.
Judges
Goosen
Legal Topics
National Credit Act, Exception Procedure, Constitutional Invalidity, Credit Provider Registration, Suretyship Liability, Property Rights
Civil Procedure Constitutional Law Banking and Finance National Credit Act Exception Procedure Constitutional Invalidity Credit Provider Registration Suretyship Liability +1 more

Case Brief

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Parties

Christiaan Trushcky Troskie

Plaintiff

Robert Anthony Von Holdt

Defendant

Andrea Louise Von Holdt

Defendant

Robert Anthony Von Holdt N.O.

Defendant

Andrea Louise Von Holdt N.O.

Defendant

Elizabeth Flora Alice Von Holdt N.O.

Defendant

National Credit Regulator

Respondent

Minister of Trade and Industry of the Republic of South Africa

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim Heard and Determined

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim are vague and embarrassing as alleged by the sixth defendant.
  2. 2 Whether the plaintiff has pleaded sufficient particularity regarding the constitutional challenge to sections of the National Credit Act.
  3. 3 Whether the relief sought by the plaintiff is overbroad in relation to the pleaded case.

Ratio Decidendi

The court held that the plaintiff's particulars of claim are not vague and embarrassing. The constitutional challenge to the National Credit Act is pleaded with sufficient clarity to enable the sixth defendant to understand the case it must meet. The alleged lack of particularity regarding the right to equality and deprivation of property does not render the pleading vague, as the issues are adequately identified and can be clarified by trial particulars. The amendment to the prayer for relief cures any overbreadth, and the Opperman judgment does not dispose of all constitutional issues raised, as other provisions of the NCA remain relevant. The exception is dismissed, and costs are...

Court Disposition

Exception dismissed with costs, including costs of two counsel.

Orders

  • The exception is dismissed.
  • Costs are awarded against the excipient, including the costs of two counsel.